Can It Be Too Late to Create a Lasting Power of Attorney?

Sadly the short answer is yes.

Many people delay setting up a Lasting Power of Attorney (LPA), assuming it can be done at any time. Unfortunately, that’s not the case. In fact, it can be too late to create a LPA if the individual has already lost mental capacity.

Here’s why it’s crucial to plan ahead:

Understanding Mental Capacity and the LPA

A Lasting Power of Attorney is a legal document that allows someone (known as the donor) to appoint one or more people (attorneys) to make decisions on their behalf, should they become unable to do so themselves. But an LPA can only be created while the donor still has the mental capacity to understand what the document means and the implications of assigning that responsibility to someone else.

What Happens if Mental Capacity is Lost?

If someone loses mental capacity, perhaps due to dementia, a stroke, or another serious illness; they are no longer legally able to set up an LPA. At this point, it becomes too late to put the document in place.

The Takeaway: Don’t Wait

The best time to set up a Lasting Power of Attorney is while you’re still well and fully able to make your own decisions. It’s a simple step that can save your loved ones stress, time, and money later on.

If you or a family member haven’t yet set up an LPA, consider speaking with us today.